HB1764 102ND GENERAL ASSEMBLY

LRB102 10398 LNS 15725 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1764

Introduced 2/17/2021, by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

740 ILCS 14/10
740 ILCS 14/35 new
740 ILCS 14/40 new
740 ILCS 14/20 rep.

Amends the Biometric Information Privacy Act. Changes the definition of "written release" to include electronic consents and releases. Provides that the Attorney General has the sole authority to enforce this Act. An action may be brought to enforce this Act only if a violation of this Act causes actual harm. Exempts an employer from the Act if the employer is using biometric identifiers and biometric information for specified purposes. Repeals a provision providing for a private right of action. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Biometric Information Privacy Act is amended by changing Section 10 and by adding Sections 35 and 40 as follows:

(740 ILCS 14/10)

Sec. 10. Definitions. In this Act:

"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the Illinois Anatomical Gift Act or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include biological materials regulated under the Genetic Information Privacy Act. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.

"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.

"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive information include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a social security number.

"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a State or local government agency. A private entity does not include any court of Illinois, a clerk of the court, or a judge or justice thereof.

"Written release" means informed written or electronic consent or, in the context of employment, a written or electronic release executed by an employee as a condition of employment.

(Source: P.A. 95-994, eff. 10-3-08.)

(740 ILCS 14/35 new)

Sec. 35. Violation of Act. The Attorney General has the sole authority to enforce this Act. An action may be brought to enforce this Act only if a violation of this Act causes actual harm.

(740 ILCS 14/40 new)

Sec. 40. Exemptions. An employer is exempt under this Act if the employer uses biometric identifiers and biometric information for:

(1) keeping a record of an employee's work hours;

(2) security, including, but not limited to, the restriction of access to certain information and locations; or

(3) use by the human resources department or human resources employees of the employer.

(740 ILCS 14/20 rep.)

Section 10. The Biometric Information Privacy Act is amended by repealing Section 20.

Section 99. Effective date. This Act takes effect upon becoming law.